[1974 Code § 11-1; Ord. No. 79-16]
The Federal government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act 33
U.S.C. 1150 et seq.). The Bergen County Utilities Authority has enacted
rules and regulations, as required by the Federal Clean Water Act,
incorporating an industrial cost recovery system, a user charge system,
and regulations pertaining to the use of sanitary sewers. The Borough
of Fairview is within the district serviced by the Bergen County Utilities
Authority and has contracted with the Bergen County Utilities Authority
for the removal and treatment of the wastewater contained within the
sanitary sewers of the Borough of Fairview. The Borough of Fairview
desires to assure that the sanitary sewers operated and maintained
by it will conform to the best sanitary engineering practices and
comply with the requirements of the Federal Clean Water Act.
[1974 Code § 11-2; Ord. No. 79-16]
The use of all sanitary sewers of the Borough shall be in compliance
with the rules and regulations enacted by the Bergen County Utilities
Authority.
[1974 Code § 11-3; Ord. No. 79-16; Ord. No. 09-28]
a. The Borough of Fairview hereby enacts the Industrial Cost Recovery
System, User Charge System, and Rules and Regulations governing the
use of public and private sewers, by adopting the Rules and Regulations
of the Bergen County Utilities Authority Rules and code entitled "Bergen
County Utilities Authority Rules and Regulations for the Direct and
Indirect Discharge of Wastewater to the Bergen County Utilities Authority
Treatment Works" and which are approved by the United States Environmental
Protection Agency.
b. The adoption of this "Sewer Use Ordinance" (Ordinance No. 09-28)
by the Borough of Fairview shall include the adoption of all future
amendments to said "Bergen County Utilities Authority Rules and Regulations
for the Direct and Indirect provided that prior to enacting such Discharge
of Wastewater to the Bergen County Utilities Authority Treatment Works"
amendments, the Borough of Fairview is given 45 days' notice in writing
of the amendment and an opportunity to comment on same at a public
hearing.
[1974 Code §§ 11-4, 11-4.1; Ord. No. 79-16; Ord. No. 09-28]
a. Not fewer than three copies of the "Bergen County Utilities Authority
Rules and Regulations for the Direct and Indirect Discharge of Wastewater
to the Bergen County Utilities Authority Treatment Works" have been
and now are filed in the office of the Borough Clerk and are available
for public inspection during normal business hours.
b. Copies Available. Copies of the rules and regulations of the Bergen
County Utilities Authority can be obtained from the Bergen County
Utilities Authority for the cost of publication.
[1974 Code § 11-5; Ord. No. 79-16]
The Mayor and Borough Clerk are hereby authorized to act as
signatories upon, and to execute on behalf of the Borough of Fairview,
an amendment to the existing service agreement with the Bergen County
Utilities Authority, which embodies the intent and purpose of this
section.
[Ord. No. 03-14 § 2]
As used in this section of the Code, the following terms shall
have the meanings indicated:
BERGEN COUNTY UTILITIES AUTHORITY
Shall mean the district sewer system into which the Borough
sewer system shall connect. (Also referred to as Bergen County Sewer
Authority)
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20° C., expressed in parts per million by weight.
BUILDING DRAIN
Shall mean the lowest horizontal piping of a drainage system
within a building, which receives the discharge from soil and waste
pipes and conveys it to the house connection.
GARBAGE
Shall mean solid wastes from the preparation, cooking and
dispensing of food and from the handling, storage and sale of produce.
HOUSE CONNECTION
Shall mean any pipe, together with necessary connection from
the sanitary to and including the clean-out, conveying wastewater
from a building sewer to the sanitary sewer system.
[Amended 3-6-2017 by Ord. No. 17-4
INDUSTRIAL WASTE
Shall mean the liquid waste from industrial processes as
distinct from sanitary sewage.
MAIN SEWER or PUBLIC SEWER
Shall mean the sewers laid longitudinally along the center
line or other part of the street or other right-of-way in which all
owners of abutting properties have equal rights and which is controlled
by the Borough.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake
or other body of surface or ground water.
pH
Shall mean the logarithm to the base 10 of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
PLUMBING
Shall mean the practice of installing, maintaining, extending,
repairing and altering plumbing systems. It is also the installed
plumbing system piping, materials, plumbing fixtures and appurtenances
of such systems in connection with the following: sanitary drainage
or storm drainage facilities together with their venting systems,
a public or private water supply system and fire protection systems
within or adjacent to any building, structure or conveyance.
PLUMBING INSPECTOR
Shall mean a person licensed and authorized to inspect plumbing
pursuant to the provisions of N.J.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A.
26:3-20 and in the employment of the Borough.
PLUMBING SYSTEM
Shall mean the sanitary and storm drainage facilities, together
with their venting systems and plumbing fixtures, a public or private
water supply system and the fire protection systems within or adjacent
to any building, structure or conveyance to a point of connection
to a public or private sewage system, public or private water supply
or other acceptable terminal.
SANITARY SEWAGE
Shall mean that domestic sewage with storm and surface water
excluded, such as sewage discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels, office and commercial
buildings, factories and institutions).
SANITARY SEWER
Shall mean a sewer that carries sewage and to which storm,
surface and ground water are not admitted.
SEWAGE
Shall mean any liquid waste containing animal, chemical or
vegetable matter in suspension or solution.
SEWAGE WORKS
Shall mean all facilities for collecting, pumping and disposing
of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
Shall mean a sewer that carries storm- or surface water and
drainage, but excludes sewage and polluted industrial waste.
SUSPENDED SOLIDS
Shall mean solids that either float on the surface of or
are in suspension in water, sewage or other liquids and which are
removable by laboratory filtering.
WATERCOURSE
Shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
[Ord. No. 03-14 § 4;
amended 3-6-2017 by Ord. No. 17-4; 5-18-2021 by Ord. No. 21-10]
a. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer or house sewer
lateral and the appurtenances thereof. The sewer contractor retained
by the Borough, the Department of Public Works or such other official
or department of the Borough as may hereafter be designated by the
Mayor and Council shall make all connections, alterations and repairs
upon the public sewer and shall alter, maintain and repair the house
sewer laterals and appurtenances thereof.
b. Installation, maintenance and repair of house connections and building
drains are not the responsibility of the Borough. All work performed,
whether for new installations or for the repair/maintenance of existing
connections, shall only be performed in accordance with plans and
specifications as approved by the Borough Engineer. Each dwelling
unit is to have a separate sanitary sewer lateral. This requirement
may be waived when site conditions ( i.e., utility conflicts, topography)
make this impractical. Waivers from this requirement may be issued
by the Superintendent of Public Works in consultation with the Borough
Engineer. Written requests for waivers submitted to the Superintendent
must include an explanation of the reason(s) justifying the issuance
of a waiver.
c. Costs. All costs and expenses incident to the installation and connection
of the building sewer and house connection to the sanitary sewer system
shall be borne by the owner. The owner shall indemnify the Borough
from any loss or damage that may indirectly or directly be occasioned
by the installation of the building sewer or house connection. The
maintenance of the building sewer and house connection shall be the
responsibility of the owner of the property served.
d. Each contractor or other person performing work on Fairview public
property for the purpose of installing sanitary sewer laterals shall
post a bond or cash in an amount reasonably determined by the Borough
Engineer. All work shall be adequately guarded with barricades, lights
and other measures for protection of the public from hazard. Streets,
sidewalks, parkways, curbs and other public property disturbed in
the course of the work shall be restored in a manner satisfactory
to the Borough.
e. Curb drains. For any newly constructed structure or any alteration
of an existing structure, there shall not be permitted discharge of
any water from any roof drain, basement drain, sump pump, swimming
pool pumps or other drain onto any sidewalk streets or into any gutter.
1. Any existing structure which discharges water from any roof drain,
basement drain, sump pump or other drain onto any sidewalk or into
any gutter may continue such discharge unless such discharge constitutes
a health hazard as determined by the Board of Health or Code Enforcement
Officer or Borough Engineer or Superintendent of the Department of
Public Works.
2. In the event that a discharge is deemed to be a health or safety
hazard, written notice shall be served upon the property owner, tenant
or occupier of the premises who shall have 60 calendar days to correct
and remediate the health hazard or safety hazard to the satisfaction
of the enforcing officer. Failure to correct or remediate the health
or safety hazard within the 60 calendar days shall subject the property
owner to a fine of $50 for each day the condition continues to exist.
3. The property owner, tenant or occupier of the premises may appeal
the determination of a health hazard to the Board of Health within
10 calendar days of receipt of the written notice.
4. The property owner, tenant or occupier of the premises may appeal
the determination of a safety hazard to the Construction Board of
Appeals within 10 calendar days of receipt of the written notice.
f. Any connections to the municipal stormwater system shall be approved
by the Borough Engineer prior to installation.
[Ord. No. 03-14 § 6;
amended 3-17-2015 by Ord. No. 15-2]
a. Prohibited Discharges. No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, sump pump discharge, uncontaminated cooling water or unpolluted
industrial process waters to any public sanitary sewer.
b. Prohibited Connections.
1. No person shall connect or allow to be connected into any sanitary
sewer located within the Borough of Fairview any drain or leader designed
to collect ground or surface waters.
2. No sump pump shall be connected to the sanitary sewer system of the
Borough of Fairview.
c. Certificate of Occupancy. Whenever it is necessary for a property
owner to obtain a certificate of occupancy (or a continued certificate
of occupancy) and/or there is a transfer of any ownership of any residence
or commercial building, the Construction Official shall be required
to perform the following duties and acts: Upon application for a certificate
of occupancy or a continued certificate of occupancy, the Construction
Official shall inspect within 10 days, excluding weekends and holidays,
the subject premises in order to determine whether any sump pumps
or drains or other mechanical devices are discharging any waters directly
into the sanitary sewer system owned by the Borough of Fairview. In
the event that the Construction Official determines that there is
such discharge, no certificate of occupancy or continued certificate
of occupancy shall be issued to the possessor of said property until
said condition is removed. Upon the satisfactory reinspection of such
dwelling, the Construction Official shall file an appropriate affidavit
indicating that said inspection has been made and shall file same
with the Borough Clerk.
d. Violations and Penalties.
1. Any homeowner or property owner who is found to be in violation of
the provisions of this section shall have the opportunity to correct
the violation without penalty provided the violation is corrected
within two months of the date of notice of violation.
2. For any violations that remain unabated after two months, there shall
be a minimum fine of $500 for each violation of the provisions of
this section. Each violation and each day a violation is committed
or permitted to continue shall constitute a separate violation and
shall be punishable as such.
3. Any homeowner fined pursuant to Subsection
d1 shall have a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine in the amount of $500 may be imposed if a court has not determined otherwise or, upon re-inspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. No. 03-14 § 11]
The Borough of Fairview hereby adopts a user charge system for
all non-tax-exempt properties located in the Borough.
a. Findings; Purpose.
1. The Federal Government has enacted the amended Federal Water Pollution
Control Act, now known as the "Federal Clean Water Act" (33 U.S.C.
§ 150 et seq.)
2. The Bergen County Utilities Authority has enacted rules and regulations,
as required by the Federal Clean Water Act, in incorporating an industrial
cost recovery system, a user charge system and regulations pertaining
to the use of sanitary sewers.
3. The Borough of Fairview is within the district serviced by the Bergen
County Utilities Authority and has contracted with the Bergen County
Utilities Authority for the removal and treatment of the wastewater
contained within the sanitary sewers of the Borough of Fairview.
4. The Borough of Fairview desires to assure that the sanitary sewers
operated and maintained by it will conform to the best sanitary engineering
practices and comply with the requirements of the Federal Clean Water
Act.
b. Compliance with Bergen County Utilities Authority. The use of all
sanitary sewers of the Borough shall be in compliance with the rules
and regulations enacted by the Bergen County Utilities Authority.
c. Amount of Charges.
1. The Borough of Fairview receives an aggregate charge from the BCUA
on an annual basis. The total sewer cost is therefore based on the
total aggregate flow received from the public sewer system and includes
both the BCUA charge and all appropriate administrative costs for
the operation and maintenance of the Fairview Sewer System.
2. After determining the total sewer cost, the Borough then will compute
individual user charges. The individual user charges shall be based
on the total flow for each calendar year. The basis of the computation
shall consider the actual water used as compared to the total sewer
cost. The amounts of the user charge shall be calculated by the Borough
Engineer and assessed by the Tax Collector.
3. The method of calculation shall be as follows:
(a)
The metered water usage will be obtained from the Water Utility
Company. The total metered water usage/consumption for the prior calendar
year shall be the quantitative basis for calculating the individual
user charge. The individual user water consumption records will be
maintained by the Tax Collector.
(b)
The average unit cost of sewer discharge including reasonable
operations and maintenance costs will be calculated by the Borough
Engineer. The average unit cost of sewerage for the prior calendar
year shall be used as the rate for calculating the individual user
charge. This rate will be calculated annually and provided to the
Tax Collector by the Borough Engineer by May 15th, each calendar year.
(c)
The Borough Tax Collector will compute sewer usage fees by multiplying
the water consumption by the usage rate and will assess the resultant
annual sewerage user fee by July 15th, each calendar year. The annual
sewer fees may be paid on a quarterly basis.
d. Exemption from User Charge. There shall be allowed an exemption from
the annual user charge for all residential usage.
e. Allowances.
1. No allowance shall be made for water which is metered but which does
not enter the sanitary sewer system, unless the owner installs and
maintains, at his expense, a meter approved by the Borough to measure
the water so diverted from the sewer lines.
2. In case of business or industry, where water is lost by evaporation
and where a technical basis for such claim is provided, the Borough
Engineer will consider each request on a case-by-case basis. If in
the reasonable judgment of the Borough Engineer, an adjustment is
required, the Tax Collector will be notified that a proper allowance
may be necessary. All adjustments will require the prior approval
of the Governing Body.
3. Where fire suppression sprinkler systems are maintained, and where
these systems are separately metered by the Water Company, a proper
credit shall be given for water contained or passing through such
separate sprinkler system, if it can be shown that the waste water
does not reach a sanitary sewer line.
4. Any owner may install and maintain, at his expense, a sewage flow
meter, approved by the Borough Engineer, to measure the flow into
the sewer lines. Where such a sewage flow meter is maintained, the
owner shall be billed on the actual readings of such meter at the
same rate as determined hereinabove. In the event that an individual
meter is installed, the meter shall be calibrated and tested for accuracy
at least once every two years.
5. In any specific case not contemplated or not clearly defined herein,
the Borough Engineer is hereby authorized, by contract or otherwise,
to establish a specific rate as may be necessary.
f. Appeal Procedure. Where there is a question as to the propriety and/or
amount of user charges imposed under this section, an appeal procedure
is hereby established:
1. Users who wish to appeal a calculated user fee shall notify the Borough
Clerk in writing within 30 calendar days of receipt of the user charge
assessment.
2. In order for any appeal to be considered by the Borough, the user
fees must be paid. Receipt of payment shall not be cause for denial
of appeal; nor shall it imply acceptance of said fee by the user.
3. The matter will be referred to the Borough Engineer who will provide
the Borough Clerk with a written determination of how the individual
user charge was calculated.
4. The user shall provide any contrary data or documentation to support
such claim. The Borough Engineer shall consider the claims and data
provided by the user and make a reasonable determination in writing
to the Borough Clerk. If it is determined that the amount of the sewer
charge requires adjustment, proper credit reflecting the adjustment
will be applied to the subsequent user fees.
5. In the event that a user is not satisfied with the determination
of the Borough Engineer as described above, the user may appeal said
matter directly to the Governing Body.
g. Severability. All ordinances regarding the sanitary sewer system
heretofore enacted are hereby expressly repealed and all ordinances
or part of ordinances inconsistent with this section are hereby repealed
as to such inconsistencies.
h. Effective Date. The invalidity of any part or provision of this section
shall not affect the validity of any part of this section, which can
be given effect without such invalid part or provision. This section
shall be effective retroactive to January 1, 2003.
[Ord. No. 05-19 §§ I
— VI]
a. Purpose. The purpose of this subsection is to prohibit the spilling,
dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system (MS4) operated by the Borough of Fairview,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b. Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drain) that is owned
or operated by the Borough of Fairview or other public body, and is
designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
c. Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Fairview is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
d. Exceptions to Prohibition.
1. Water line flushing and discharges from potable water sources.
2. Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwater)
3. Air conditioning condensate (excluding contact and non-contact cooling
water)
4. Irrigation water (including landscape and law watering runoff)
5. Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
6. Residential car washing water, and residential swimming pool discharges
7. Sidewalk, driveway and street wash water.
8. Flows from firefighting activities
9. Flows from rinsing of the following equipment with clean water: Beach
maintenance equipment immediately following their use for their intended
purposes; and equipment used in the application of salt and deicing
materials immediately following salt and de-icing material applications.
Prior to rinsing with clean water, all residual salt and deicing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
e. Enforcement. This paragraph shall be enforced by the Police Department,
Health Department and/or Building Department of the Borough of Fairview.
f. Penalties. Any person(s) who continues to be in violation of the
provisions of this subsection, after being duly notified, shall be
subject to a fine not to exceed $1,000 or imprisonment for a period
not to exceed 90 days or both.